Frisco, TX asked in Employment Law for Texas

Q: Texas: Can employer/supervisor threaten termination for use of cell phone on unpaid lunch break.

Employed 5 years, PT employee as vendor in big box store (about 30 employees, majority seniors/elderly), no employee handbook, etc. Unpaid lunch break, not wearing apron, hat, hairnet. Received call re: auto insurance while in store. Previously 100% compliant in all work aspects for 5 years, no disciplinary action. Totally unaware of "policy" forbidding cell phone use while off the clock. Regional manager said, in front of co-workers and customers, "I'm not going to terminate you this time, but you will be written up". (humiliating experience) After talking with other employees, most were unaware of this "policy". Any recourse to get write up removed from file?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: In a "big box store" environment, you most likely can contact the HR department about what the regional manager said. Ask for clarification as to what the policy is and why you did not receive a copy or any verbal instruction about the existence of the policy. You may discovery that there is no such policy at all.

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